City of Canning Minutes – SMRC RRRC WCF Odour Issue – 9 November 2010
4. DECLARATION OF MEMBERS’ AND OFFICERS’ INTERESTS
Declaration of Interest
Cr Elliott SRS-321-10 – Odour Register – Regional Resource Recovery Centre – Canning Vale
Nature of Interest: My daughter lives in the area affected by the odour.
Cr Elliott then sought a ruling on his interest in this item on the grounds that his daughter lives in the area affected by the odour.
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Cr Elliott withdrew from the Council Chambers at 6.03pm.
MOVED Cr Barry, Seconded Cr Olsen, that the interest declared by Cr Elliott in SRS-321-10 – Odour Register – Regional Resource Recovery Centre – Canning Vale is common to a significant number of electors or ratepayers.
CARRIED UNANIMOUSLY
For: The Mayor, Crs Barry, Clarke, Olsen, Morgan, Dowsett and Wheaton
Cr Elliott returned to his chair at 6:04pm and was informed of Council’s decision.
At 6.04pm, Cr Mason entered the Council Chambers and advised that he had declaration of interests.
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5.3 QUESTIONS ON NOTICE FOR THE ORDINARY COUNCIL MEETING OF 9 NOVEMBER 2010
Agenda 9 November 2010
Question 2. Pg 15, CM-108.09 Solid Waste Management.
Does the last paragraph need correcting as it doesn’t sound quite right the way I understand the situation. It reads Recent discussions between the Mayor and Chief Executive Officer and the Chairman and the Chief Executive Officer of the SMRC have taken place and the SMRC has indicated their intention to re-submit the application to close the road. They would not want to close the road I am certain?
Answer 2. Chief Executive Officer. Yes, the application is for a road closure to permit the ongoing weighbridge and gate operation at the entrance to the Regional Resource Recovery Centre.
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5.4 QUESTIONS FROM THE PUBLIC GALLERY AT THE ORDINARY COUNCIL MEETING ON 9 NOVEMBER 2010
Question 4: Due to the on-going legal battle with the SMRC, were the Chief Executive Officer or Mayor consulted to approve the half a million SMRC payment, or was it made on delegated authority and is there any question regarding the legality of that approval?
Question 9: Mr Mayor, tomorrow is the first anniversary of Council members illegally leaking confidential data for use at the RRSRA AGM:
(a) Are you attending this year and do you anticipate a repeat performance considering the SMRC events of October 2010?
(b) Were the recent changes within the City Executive staff connected in any way to the leaking of that Confidential Council Information to the RRSRA in November 2009?
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Mr G W Gleeson,
Question: Did the City of Canning have legal assistance at the State Administrative Tribunal when the SMRC took their case regarding the rebuilding of the recycling plant in Cannington when it burnt down, did the City have legal representative when that organisation took their option to the SMRC?
Answer: The Mayor. Can you rephrase that?
Question: Given that the SMRC took as I believe now their plans away from the City and went other SMRC to rebuild the recycling plant in Cannington, did the City of Canning have legal representation there to look at the procedure and if so, why?
Answer: The Mayor. Council made a decision to have legal representation, yes.
Question: Why then did the City of Canning need to have legal representation there when all they wanted was to build a recycling plant on City of Canning land, which is a valuable facility to the City and many other Cities within that SMRC, why would you want to have legal representation?
Answer: The Mayor. Can you repeat what you said in your opening remarks please?
Question: Why would the City of Canning need legal representation there when the SMRC took their case there regarding the rebuilding of the recycling plant, why would you need legal representation?
Answer: The Mayor. Do you know the process of the State Administrative Tribunal?
Question: Yes, I do but I’m asking you Mr Mayor, why would the City have legal representation there when all the SMRC wanted was to rebuild the Recycling Plant?
Answer: The Mayor. That may not be the case? I don’t know where you got your information from, if you don’t ask the right questions I can’t give you the right answer.
Question: I’ll say it again. Did the City of Canning have legal representation
Answer: The Mayor. I gave you the answer, I said yes.
Question: Why?
Answer: The Mayor. Because I ask you, do you know the procedure at the State Administrative Tribunal and you said you do.
Question: Did the City of Canning put a case to stop it or to assist it to rebuild the Recycling Plant?
Answer: The Mayor. That is behind closed doors, it is confidential. If you want to reveal anything, please go ahead.
Statement: You are cross examining me.
Answer: The Mayor. You are talking about something that is confidential in Court behind closed doors, if you want to contempt of court, you ask a question I answer your question, you are driving into an area that is very dangerous, the public there, everybody here, you go ahead. The case is before a closed Court and if you have any information, please go ahead and reveal it.
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13.2 ACTING EXECUTIVE – STRATEGIC AND REGULATORY SERVICES
SRS-321-10 ODOUR REGISTER – REGIONAL RESOURCE RECOVERY CENTRE – CANNING VALE
(OCM: 09.11.2010; File: ECH/2/18); j:ssrpt335/eg
From: Acting Executive Strategic and Regulatory Services ID: 69
RECOMMENDATIONS
SRS-321-10
That Report SRS-321-10 Odour Register – Regional Resource Recovery Centre, Canning Vale, be received.
